Leitrim drink driver avoids jail at Longford District Court

The imposition of a custodial sentence on a drunk driver with a number of convictions would be “counter productive” given his engagement with probation services.

Judge Bernadette Owens imposed 200 hours of community service on Kevin Higgins (40) of Cattan, Mohill. The defendant was before Longford District Court on charges of dangerous driving, driving while intoxicated and driving without documentation on March 15, 2022 at Fardromin, Ballinamuck.
Solicitor Frank Gearty drew the judge's attention to a “very positive probation report”. Inspector David Jordan agreed, saying it ‘was rare to see such a positive probation report’.

Mr Gearty said his client was aware of the gravity of the situation he was in: “He knows he was given a real chance by not being sent to prison,” he told the judge.

Mr Gearty explained that the necessary driving ban is “considerable” as his client lives in a particularly remote rural area: “The length of the ban will have serious implications as there is no public transport in the area.”

The solicitor said as Mr Higgins is serving a six year disqualification he will not be able to apply for a restoration of his driving licence until 2029.

In her noting of the facts of the case, Judge Owens said although the defendant has relevant previous convictions the probations report “is excelled” and Mr Higgins' engagement with community services was also notable.

“In the circumstances a custodial sentence would be counter productive,” the judge said.
The judge imposed 100 hours of community service in lieu of a six month prison term for the dangerous driving charge and a further 100 hours of community service in lieu of a six month for driving while intoxicated.

Judge Owens concluded by saying, “If you don't comply with the community service order the matter will be brought back and a custodial sentence will be imposed.”